Montgomery County DA, attorneys respond to FBI discrepancy

Published 4:54 am, Monday, August 17, 2015

Discrepancies in an FBI database could lead to prolonged criminal cases in Montgomery County that hinge on DNA evidence.

Although officials describe the issues with the DNA database as insignificant, the discrepancies open the door for defense attorneys to have DNA statistical evidence recalculated.

“What they have discovered is there are some data entry errors in those statistical tables,” First Assistant District Attorney Phil Grant said. “They have corrected those errors, which results in a very, very, very miniscule variance in the statistics we report in cases where DNA analysis is part of the evidence.”

The issue stems from human error when population data was inputted to the FBI-developed database, according to a release from the bureau. DNA evidence is presented through statistics which portray the likelihood that the DNA found at a crime scene belongs to the defendant.

Attorney Steve Jackson said it’s possible, though unlikely, that a case would be overturned due to this discrepancy.

He said it is possible for a handful of cases where certain techniques are used that reduce the probability could be dramatically affected because DNA from other individuals is picked up at the same time.

“They go in and they use swabs on clothing or use tape and lift fibers,” Jackson said. “The risk of a mixture of DNA is seen all the time where you have a mixture of samples. Almost every capital murder case I’ve worked on we’ve seen a mixture.”

In light of this, Jackson said the majority of cases will remain unaffected.

“It’s not going to affect a whole lot of cases,” Jackson said. “For the most part, you’re not going to see a dramatic change in the statistical probabilities.”

Jackson also gave credit to the DA’s office for being transparent about the issue. Grant presented the FBI’s findings to the Board of Judges on Aug. 7 and to the Montgomery County Criminal Defense Lawyers Association on the same day to let them know that cases could be prolonged by two to three weeks.

Attorneys are able to submit requests to DPS in order to have statistical DNA evidence recalculated.